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Administrative Law

Choice of Procedure

Choice of Procedure

Explore the choice of procedure an agency has in setting policy between rulemaking and adjudication.


Administrative agencies have the power to formulate the policy of the executive branch. Under the Administrative Procedure Act (APA), an agency may create law or policy through one of two processes: rulemaking or adjudication. Today, we’ll be discussing the choice of procedure that an agency may have between rulemaking and adjudication.

Agencies may create law or policy by promulgating rules or issuing orders. A rule is a statement made by an agency that is designed to implement, interpret,...